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MPCJ Mains Previous 5 Year's Paper Discussion (Paper 1)

Author : Tanya Kaushal

September 21, 2022

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The Mains Exam of MPCJ is one of the trickiest competitive exams in India. Scheduled for 27 August 2022 and 28 August 2022, it is quite the talk of the town.

To help you with all the last moment doubts, quick revision, and previous year's paper discussion, we have complied with Paper 1 of MPSC Mains last 5 years.

Read this blog to get an idea of the previous year’s questions from the Indian Evidence Act, Constitution Law, and Code of Criminal Procedure (CRPC).

The questions mentioned below are some of the most asked topics from MPCJ Mains’s perspective

Download FREE Study Material for MP Judiciary Mains Exam by Judiciary Gold

Constitution Law

The Constitutional Law holds a major weightage of 20 marks in MPCJ Mains Exam.

Listed below are some of the important previous year's questions from Constitution Law. 

Question 1(a) Discuss the terms "Equality before Law" and "Equal Protection of Laws" as provided in the constitution of India. State the exception also? [2016]

1 (b) Discuss the freedom of speech and expression. Does it include freedom of the press also? What is the restriction on the exercise of this right? [2016]

Outline 1) a)

  • Introduction - Article -14
  • Equality before law
  • Equal protection of laws
  • To what extent special treatment may be given? (Reasonable Classification)
  • State of W.B. v. Anwar Ali Sarkar, E.P. Royappa v. the State of T.N.
  • Exceptions
  • Article 361
  • Article 105
  • U.N. and its agencies, foreign rulers, ambassadors, and diplomatic persons.
  1. b)
  • Introduction - Article 19(1)(a)
  • Meaning and expansion of Freedom of Speech and Expression
  • Freedom of Press
  • Romesh Thapar v. the State of Madras: Indian Express Newspaper v. U.O.I.
  • Restriction under Article 19(2)

Question 2) (a) State the legislative power of Union and State? Under what circumstances does the Union legislate on matters pertaining to the State list?

(b) Discuss the right to freedom of religion under the Constitution of India and explain its limitations of it. (2019 Phase II)

Outline 2) a)

  • Introduction- Quasi-federal structure; 7th Schedule
  • Article 245
  • Article 246
  • Article 248
  • When can Parliament legislate on matters pertaining to the State list?
  • Article 249
  • Article 250
  • Article 252
  • Article 253
  1. b) 
  • Introduction 
  • Article 25
  • Bijoe Emmanuel v. State of Kerala
  • Stanislaus v. State of Madhya Pradesh.
  • Article 26
  • Article 27
  • Article 28
  • Reasonable Restrictions

Question 3) Describe the right to life and personal liberty, and whether the death sentence is violative of Article 21. How may the Right to Life and Personal Liberty, guaranteed by Article 21, be curtailed? [2018]

Outline 3)

  • Introduction
  • Expansion of Right to Life and Personal Liberty
  • Whether the death sentence is in violation of the Right to Life and Personal Liberty?
  • The Procedure Established by Law and Due Process of Law (Maneka Gandhi)
  • Bachan Singh v. the State of Punjab

Question 4) "A declaration of Fundamental Rights is meaningless unless there is an effective judicial remedy for their enforcement." Comment. What are the judicial remedies that the Constitution provides? Explain in brief. [2018]

Outline 4)

  • Introduction
  • Article 32
  • Article 226
  • Minerva Mills v. U.O.I.
  • Romesh Thapar v. the State of Madras
  • Explain all 5 writs in brief

Question 5) Describe the Protection in respect of Conviction for an offence as provided under the Constitution. Compare the same with analogous provisions under Criminal Law. [2019]

Outline 5)

  • Introduction
  • Article 20(1) Ex-Post Facto Law
  • Article 20(2) Right against double jeopardy (Short note in 2017)
  • Section 300(1) and (2); autrefois acquit, autrefois convict
  • Article 20(3) Right against self-incrimination
  • Nandini Satpathy v. PL. Dani

Judiciary Mock Tests

Judiciary Mock Tests

Civil Procedure Code (CPC)

Civil Procedure Code holds 20 marks in Paper 1 of MPCJ Mains Exam.

The following entails a list of the previous year's questions of CPC.

Question 1) Explain the provisions about the disposal of the suit at the first hearing under Order 15 of CPC 1908. [2016]

Outline 1)

  • Introduction - Order 10, 14, 15 general relation
  • Order 15 general introduction
  • Rule1 - Parties not at issue
  • Rule 2 - One of several defendants not at issue
  • Rule 3 - Parties at issue
  • Rule 4 - Failure to produce evidence

Question 2) Discuss the law relating to arrest and detention of judgment debtor in Civil Prison in execution proceeding.

Outline 2)

  • Introduction
  • Section 51(C)
  • Provision of Arrest and Detention (55 TO 59)
  • Arrest and detention - WHEN - any hour and on any day, and his detention may be in the civil prison provided.
  • Firstly, no entry after sunset and before sunrise:
  • No booking open unless occupancy of the judgment-debtor
  • He may break open the door of any room in which he has reason to believe the judgment-debtor is to be found woman (P.N.) after allowing a reasonable time facility for withdrawing, may enter the room to make the arrest:
  • Judgment-debtor pays the amount of the decree and the costs of the arrest to the officer arresting him, such officer shall at once release him.
  • The State Government may, by notification in the Official Gazette, declare that any person or class of persons whose arrest might be tended with danger or inconvenience to the public shall not be liable for arrest.
  • Information by the court that he may go for an insolvent proceeding and if he expresses his intention to do so within 1 month the court may release him.
  • 56 - Prohibition of arrest or detention of women in the execution of a decree for money
  • 57 - Subsistence-allowance.
  • 58 - Detention and release.-Amount exceeding five thousand rupees, period not exceeding three months, money exceeding two thousand but not exceeding five thousand rupees, for a period not exceeding six weeks.
  • S59. Release on the ground of illness.
  • Order 21 rules 37,38,39,40.
  • Rule 37-discretionary power to permit judgment debtor to show cause against detention in prison- (notice in place of warrant)
  • R38- Warrant of arrest to direct judgment debtor to be brought up
  • Rule 39- Subsistence allowance
  • Rule 40- Procedure on the appearance of Judgment Debtor in obedience to notice or after arrest.- Evidence, inquiry decision on civil prison.

Question 3) Define

  1. Legal Representative [2018]
  2. Mesne Profit [2018]
  3. Decree [2018]
  4. Order [2018]

Outline 3) Decree, Order & Judgment Difference

  • Define / Explain
  • Definition of Decree
  • In points
  • Types of decree- Paras Nath Rai v State of Bihar
  • Deemed Decree
  • What is not a decree

Judgements

  • Section 2(9)
  • Order 20 Rule 1
  • 3- Judgment to be signed and no alteration except in 152 or review
  • 4- Contents

Order

  • SEC 2(14)
  • ORDER 20 RULE 6(A) within 15 days from judgment
  • 7-Dated when judgment is pronounced

Question 4) When is an order of injunction may be discharged, varied or set aside? What are the consequences of disobedience or breach of injunction?

Outline 4) 

  • Introduction - Supplemental Proceedings, Refer Sec 94,
  • Define Injunction and also name the types
  • An object of granting Injunction
  • Briefly talk about 039 R 1 and 2
  • Order 39 R 4 on application
  • Order 39 R2A - Property may be attached but not more than 1 year after that sold and Civil Prison max 3 months

MP Accommodation Control Act (MPACA)

Paper 1 of the MPCJ Mains Exam carries 20 marks for MP Accommodation Control Act.

A list of MPACA's previous year's questions can be found below.

Question 1) Describe the powers of the Rent Controlling Authority. [2016]

Outline 1) 

  • Introduction - Section 2(f) and section 28-36 in very brief
  • Appointment Section 28
  • Powers Section 29
  • Other powers
  1. Section 10
  2. Section 11
  3. Section 21
  4. Section 22
  5. Section 23-A
  6. Section 34
  7. Section 37
  8. Section 38

Question 2) Under what circumstances will a sub-tenant be deemed to become a tenant? [2017]

Outline 2) 

  • Introduction - Section 2(i)
  • Section 14
  • Section 15
  • Section 16
  • Conclusion

Question 3) Under what circumstances defence may be struck out? What would be the consequences of striking out defence? [2018]

Outline 3) 

  • Introduction - Section 12
  • Section 12(1)(a)
  • Section 12 (3)
  • Section 13(4)
  • Section 13 (6)
  • Kewal Kumar v Satish Chandra 1992 MPHC
  • Conclusion

Question 4) Enumerate any four grounds on which eviction of tenants from accommodation can be sought under the Act. [2019]

Outline 4)

  • Introduction - Section 12
  • Mention any 4 grounds
  • Conclusion

Question 5) Discuss the circumstances in which a tenant can get the benefit of protection against eviction under Section 13. [2019]

Outline 5) 

  • Introduction
  • Section 12 (1) (a)
  • Section 12(3)
  • Section 13
  • Conclusion

judiciary online coaching

judiciary online coaching

Transfer of Property Act (TPA) 

Question 1) What do you understand by an Ostensible Owner? What are the essential elements of Section 41? Explain. [2017]

Outline 1) 

  • Introduction - Section 41
  • Meaning of the term Ostensible Owner
  • The concept emerged in the case of Ramcoomar Kundoo v McQueen 
  • Essentials-Ostensibe Owner
  • Immovable property
  • Consent
  • For consideration
  • 4 transfer must not be voidable
  • Good faith

Distinguish between Lease and License

  • Lease transfer of right to enjoy the property
  • License- right to do or continue
  • Transfer of possession
  • Transferability
  • Death of either party

Question 2) Explain the Right of Redemption of a mortgagor and whether a mortgagor can seek partial redemption. [2018]

Outline 2)

  • Introduction - Right to redeem section 60
  • On payment of mortgage money, the right to a possession back along with title deeds cannot be availed if the right is extinguished by parties or by decree of a court.
  • Section 91- who may sue for redemption
  • Partial redemption is not allowed except when the mortgagee himself acquires a share
  • U. Nilan v. Kannayan adversity of one cannot be boon for others
  • Section 5 of TA provides that the expression "transfer of property" means an act by which a living person conveys property, in present or future, to one or more other living people, or himself and one or more other living persons:
  • Whether the family arrangement is transfer
  • Whether surrender amounts to transfer
  • Whether an idol is a living person
  • Introduction - Section 5
  • Essentials
  • Property must be transferable
  • The transferor must be competent
  • Consideration and object must be lawful
  • Must not be opposed to nature of interest
  • Made in manner and form required by law
  • Examples-sale, mortgages etc
  • The family arrangement is not a transfer of property
  • Rights are already existing and mere specification shall transfer
  • Sadhu Madho Das v. Pandit Mukund Ram
  • Surrender-not transfer
  • Merging of lesser interest with greater interest.
  • No new rig formed or transferred
  • Morati v. Krishna 1925
  • Idol is not a living person but a juristic person
  • Dedication of property to an idol is not a transfer of property 
  • Bhupati Nath V. Ram Lal

Question 3) Explain the doctrine of feeding the Grant by Estoppels. [2019]

Outline 3)

  • Introduction - Section 53a
  • Meaning and essentials of part performance
  • Amendment of 2001 - Registration act
  • Introduction - Section 43 - transfer by an unauthorised person
  • Essentials-fraudulent or erroneous representation
  • Subsequent acquisition
  • The contract of transfer still exists
  • Transferee's option
  • Nemo dat quod non habet
  • Exception- transferee for good faith without notice and with consideration

Specific Relief Act (SRA) 

Go through the previous year's question along with the answer outline given below.

Question 1) Explain the power of the court to award compensation in certain cases and the power to grant relief for possession, partition, refund of earnest money, etc. under the act. [2016]

Outline 1)

  • Section 22 - Define and explain
  • Mention Section 28

Question 2) Explain the provisions regarding the rescission of contracts or the sale or lease of immovable property, where the specific performance of the contract has already been decreed. [2018]

Outline 2)

  • Specific performance of contracts can be divided into the following segments: (mention all the segments under SRA)
  1. Cancellation
  2. Rescission
  3. Declaratory Decree 
  • Sections 27-30

Question 3) When perpetual injunction can be issued and when it cannot be issued? Discuss the difference between temporary and perpetual injunctions. [2018]

Outline 3) 

  • Explain the two kinds of reliefs in the Specific Relief Act, 1963: Specific Relief and Preventive Relief.
  • Discuss briefly the kinds of injunctions
  • Explain Section 36 and 41 in detail
  • Differentiate between the ordinary and perpetual injunction
  • Discuss briefly Section 36 to Section 42

Limitation Act (LA) 

Here is the previous year's question along with an outline of the answers.

Question 1) Once time has begun to run, no subsequent liability stops it. Discuss [2019]

Outline 1)

  • Introduction - Continuous running of the time once the cause of action is around. Explain disability and inability as stated under Section 6 [Babua Ram v. State of U 2 SCC 689] (once the limitation begins to run, it runs its full course until its running is interdicted by an order of the Court)
  • Explain Section 9 with the exception that is provided under the Section itself. Explain [Shankar Lal v Shadi Ram, 1971 DLT 311]
  • Mention 2 or 3 illustrations of initial disability and subsequent disability
  • Conclusion

Question 2) Define 'Written Acknowledgment' and discuss its effect. [2019]

Outline 2) 

  • Introduction - The principle behind Section 18 and the extent of the same. Explain the term written acknowledgement
  • Explain Section 18 of the Act
  • Explain the following ingredients of Section 18
  • (a) Acknowledgment must be made before the expiration period
  • (b) Acknowledgment must be in writing
  • (c) Acknowledgment must be in relation to a particular property
  • Explain the Date of Acknowledgment in relation to Sub-Section (2)
  • Conclusion

Question 3) What are the circumstances under which a certain period of time is excluded while computing the period of limitation? Explain. [2019]

Outline 3)

  • Introduction - The computation of the limitation period and a brief description of exclusion of time under Sections 12 to 15. [India House v. Kishan N. Lalwani, (2003) 9 SCC 393] (Court to extend the benefit to a party where available)
  • Mention/Explain the following Sections -

(a) Section 12 - Exclusion of time in legal proceedings,

(b) Section 13 - Leave to Sue/appeal as a paper

(c) Section 14 Exclusion of time of proceeding bonafide in court without jurisdiction

(d) Section 15 - Exclusion of time in certain cases

  • Conclusion
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  • MPCJ Mains Previous ...

MPCJ Mains Previous 5 Year's Paper Discussion (Paper 1)

Author : Tanya Kaushal

Updated On : September 21, 2022

SHARE

The Mains Exam of MPCJ is one of the trickiest competitive exams in India. Scheduled for 27 August 2022 and 28 August 2022, it is quite the talk of the town.

To help you with all the last moment doubts, quick revision, and previous year's paper discussion, we have complied with Paper 1 of MPSC Mains last 5 years.

Read this blog to get an idea of the previous year’s questions from the Indian Evidence Act, Constitution Law, and Code of Criminal Procedure (CRPC).

The questions mentioned below are some of the most asked topics from MPCJ Mains’s perspective

Download FREE Study Material for MP Judiciary Mains Exam by Judiciary Gold

Constitution Law

The Constitutional Law holds a major weightage of 20 marks in MPCJ Mains Exam.

Listed below are some of the important previous year's questions from Constitution Law. 

Question 1(a) Discuss the terms "Equality before Law" and "Equal Protection of Laws" as provided in the constitution of India. State the exception also? [2016]

1 (b) Discuss the freedom of speech and expression. Does it include freedom of the press also? What is the restriction on the exercise of this right? [2016]

Outline 1) a)

  • Introduction - Article -14
  • Equality before law
  • Equal protection of laws
  • To what extent special treatment may be given? (Reasonable Classification)
  • State of W.B. v. Anwar Ali Sarkar, E.P. Royappa v. the State of T.N.
  • Exceptions
  • Article 361
  • Article 105
  • U.N. and its agencies, foreign rulers, ambassadors, and diplomatic persons.
  1. b)
  • Introduction - Article 19(1)(a)
  • Meaning and expansion of Freedom of Speech and Expression
  • Freedom of Press
  • Romesh Thapar v. the State of Madras: Indian Express Newspaper v. U.O.I.
  • Restriction under Article 19(2)

Question 2) (a) State the legislative power of Union and State? Under what circumstances does the Union legislate on matters pertaining to the State list?

(b) Discuss the right to freedom of religion under the Constitution of India and explain its limitations of it. (2019 Phase II)

Outline 2) a)

  • Introduction- Quasi-federal structure; 7th Schedule
  • Article 245
  • Article 246
  • Article 248
  • When can Parliament legislate on matters pertaining to the State list?
  • Article 249
  • Article 250
  • Article 252
  • Article 253
  1. b) 
  • Introduction 
  • Article 25
  • Bijoe Emmanuel v. State of Kerala
  • Stanislaus v. State of Madhya Pradesh.
  • Article 26
  • Article 27
  • Article 28
  • Reasonable Restrictions

Question 3) Describe the right to life and personal liberty, and whether the death sentence is violative of Article 21. How may the Right to Life and Personal Liberty, guaranteed by Article 21, be curtailed? [2018]

Outline 3)

  • Introduction
  • Expansion of Right to Life and Personal Liberty
  • Whether the death sentence is in violation of the Right to Life and Personal Liberty?
  • The Procedure Established by Law and Due Process of Law (Maneka Gandhi)
  • Bachan Singh v. the State of Punjab

Question 4) "A declaration of Fundamental Rights is meaningless unless there is an effective judicial remedy for their enforcement." Comment. What are the judicial remedies that the Constitution provides? Explain in brief. [2018]

Outline 4)

  • Introduction
  • Article 32
  • Article 226
  • Minerva Mills v. U.O.I.
  • Romesh Thapar v. the State of Madras
  • Explain all 5 writs in brief

Question 5) Describe the Protection in respect of Conviction for an offence as provided under the Constitution. Compare the same with analogous provisions under Criminal Law. [2019]

Outline 5)

  • Introduction
  • Article 20(1) Ex-Post Facto Law
  • Article 20(2) Right against double jeopardy (Short note in 2017)
  • Section 300(1) and (2); autrefois acquit, autrefois convict
  • Article 20(3) Right against self-incrimination
  • Nandini Satpathy v. PL. Dani

Judiciary Mock Tests

Judiciary Mock Tests

Civil Procedure Code (CPC)

Civil Procedure Code holds 20 marks in Paper 1 of MPCJ Mains Exam.

The following entails a list of the previous year's questions of CPC.

Question 1) Explain the provisions about the disposal of the suit at the first hearing under Order 15 of CPC 1908. [2016]

Outline 1)

  • Introduction - Order 10, 14, 15 general relation
  • Order 15 general introduction
  • Rule1 - Parties not at issue
  • Rule 2 - One of several defendants not at issue
  • Rule 3 - Parties at issue
  • Rule 4 - Failure to produce evidence

Question 2) Discuss the law relating to arrest and detention of judgment debtor in Civil Prison in execution proceeding.

Outline 2)

  • Introduction
  • Section 51(C)
  • Provision of Arrest and Detention (55 TO 59)
  • Arrest and detention - WHEN - any hour and on any day, and his detention may be in the civil prison provided.
  • Firstly, no entry after sunset and before sunrise:
  • No booking open unless occupancy of the judgment-debtor
  • He may break open the door of any room in which he has reason to believe the judgment-debtor is to be found woman (P.N.) after allowing a reasonable time facility for withdrawing, may enter the room to make the arrest:
  • Judgment-debtor pays the amount of the decree and the costs of the arrest to the officer arresting him, such officer shall at once release him.
  • The State Government may, by notification in the Official Gazette, declare that any person or class of persons whose arrest might be tended with danger or inconvenience to the public shall not be liable for arrest.
  • Information by the court that he may go for an insolvent proceeding and if he expresses his intention to do so within 1 month the court may release him.
  • 56 - Prohibition of arrest or detention of women in the execution of a decree for money
  • 57 - Subsistence-allowance.
  • 58 - Detention and release.-Amount exceeding five thousand rupees, period not exceeding three months, money exceeding two thousand but not exceeding five thousand rupees, for a period not exceeding six weeks.
  • S59. Release on the ground of illness.
  • Order 21 rules 37,38,39,40.
  • Rule 37-discretionary power to permit judgment debtor to show cause against detention in prison- (notice in place of warrant)
  • R38- Warrant of arrest to direct judgment debtor to be brought up
  • Rule 39- Subsistence allowance
  • Rule 40- Procedure on the appearance of Judgment Debtor in obedience to notice or after arrest.- Evidence, inquiry decision on civil prison.

Question 3) Define

  1. Legal Representative [2018]
  2. Mesne Profit [2018]
  3. Decree [2018]
  4. Order [2018]

Outline 3) Decree, Order & Judgment Difference

  • Define / Explain
  • Definition of Decree
  • In points
  • Types of decree- Paras Nath Rai v State of Bihar
  • Deemed Decree
  • What is not a decree

Judgements

  • Section 2(9)
  • Order 20 Rule 1
  • 3- Judgment to be signed and no alteration except in 152 or review
  • 4- Contents

Order

  • SEC 2(14)
  • ORDER 20 RULE 6(A) within 15 days from judgment
  • 7-Dated when judgment is pronounced

Question 4) When is an order of injunction may be discharged, varied or set aside? What are the consequences of disobedience or breach of injunction?

Outline 4) 

  • Introduction - Supplemental Proceedings, Refer Sec 94,
  • Define Injunction and also name the types
  • An object of granting Injunction
  • Briefly talk about 039 R 1 and 2
  • Order 39 R 4 on application
  • Order 39 R2A - Property may be attached but not more than 1 year after that sold and Civil Prison max 3 months

MP Accommodation Control Act (MPACA)

Paper 1 of the MPCJ Mains Exam carries 20 marks for MP Accommodation Control Act.

A list of MPACA's previous year's questions can be found below.

Question 1) Describe the powers of the Rent Controlling Authority. [2016]

Outline 1) 

  • Introduction - Section 2(f) and section 28-36 in very brief
  • Appointment Section 28
  • Powers Section 29
  • Other powers
  1. Section 10
  2. Section 11
  3. Section 21
  4. Section 22
  5. Section 23-A
  6. Section 34
  7. Section 37
  8. Section 38

Question 2) Under what circumstances will a sub-tenant be deemed to become a tenant? [2017]

Outline 2) 

  • Introduction - Section 2(i)
  • Section 14
  • Section 15
  • Section 16
  • Conclusion

Question 3) Under what circumstances defence may be struck out? What would be the consequences of striking out defence? [2018]

Outline 3) 

  • Introduction - Section 12
  • Section 12(1)(a)
  • Section 12 (3)
  • Section 13(4)
  • Section 13 (6)
  • Kewal Kumar v Satish Chandra 1992 MPHC
  • Conclusion

Question 4) Enumerate any four grounds on which eviction of tenants from accommodation can be sought under the Act. [2019]

Outline 4)

  • Introduction - Section 12
  • Mention any 4 grounds
  • Conclusion

Question 5) Discuss the circumstances in which a tenant can get the benefit of protection against eviction under Section 13. [2019]

Outline 5) 

  • Introduction
  • Section 12 (1) (a)
  • Section 12(3)
  • Section 13
  • Conclusion

judiciary online coaching

judiciary online coaching

Transfer of Property Act (TPA) 

Question 1) What do you understand by an Ostensible Owner? What are the essential elements of Section 41? Explain. [2017]

Outline 1) 

  • Introduction - Section 41
  • Meaning of the term Ostensible Owner
  • The concept emerged in the case of Ramcoomar Kundoo v McQueen 
  • Essentials-Ostensibe Owner
  • Immovable property
  • Consent
  • For consideration
  • 4 transfer must not be voidable
  • Good faith

Distinguish between Lease and License

  • Lease transfer of right to enjoy the property
  • License- right to do or continue
  • Transfer of possession
  • Transferability
  • Death of either party

Question 2) Explain the Right of Redemption of a mortgagor and whether a mortgagor can seek partial redemption. [2018]

Outline 2)

  • Introduction - Right to redeem section 60
  • On payment of mortgage money, the right to a possession back along with title deeds cannot be availed if the right is extinguished by parties or by decree of a court.
  • Section 91- who may sue for redemption
  • Partial redemption is not allowed except when the mortgagee himself acquires a share
  • U. Nilan v. Kannayan adversity of one cannot be boon for others
  • Section 5 of TA provides that the expression "transfer of property" means an act by which a living person conveys property, in present or future, to one or more other living people, or himself and one or more other living persons:
  • Whether the family arrangement is transfer
  • Whether surrender amounts to transfer
  • Whether an idol is a living person
  • Introduction - Section 5
  • Essentials
  • Property must be transferable
  • The transferor must be competent
  • Consideration and object must be lawful
  • Must not be opposed to nature of interest
  • Made in manner and form required by law
  • Examples-sale, mortgages etc
  • The family arrangement is not a transfer of property
  • Rights are already existing and mere specification shall transfer
  • Sadhu Madho Das v. Pandit Mukund Ram
  • Surrender-not transfer
  • Merging of lesser interest with greater interest.
  • No new rig formed or transferred
  • Morati v. Krishna 1925
  • Idol is not a living person but a juristic person
  • Dedication of property to an idol is not a transfer of property 
  • Bhupati Nath V. Ram Lal

Question 3) Explain the doctrine of feeding the Grant by Estoppels. [2019]

Outline 3)

  • Introduction - Section 53a
  • Meaning and essentials of part performance
  • Amendment of 2001 - Registration act
  • Introduction - Section 43 - transfer by an unauthorised person
  • Essentials-fraudulent or erroneous representation
  • Subsequent acquisition
  • The contract of transfer still exists
  • Transferee's option
  • Nemo dat quod non habet
  • Exception- transferee for good faith without notice and with consideration

Specific Relief Act (SRA) 

Go through the previous year's question along with the answer outline given below.

Question 1) Explain the power of the court to award compensation in certain cases and the power to grant relief for possession, partition, refund of earnest money, etc. under the act. [2016]

Outline 1)

  • Section 22 - Define and explain
  • Mention Section 28

Question 2) Explain the provisions regarding the rescission of contracts or the sale or lease of immovable property, where the specific performance of the contract has already been decreed. [2018]

Outline 2)

  • Specific performance of contracts can be divided into the following segments: (mention all the segments under SRA)
  1. Cancellation
  2. Rescission
  3. Declaratory Decree 
  • Sections 27-30

Question 3) When perpetual injunction can be issued and when it cannot be issued? Discuss the difference between temporary and perpetual injunctions. [2018]

Outline 3) 

  • Explain the two kinds of reliefs in the Specific Relief Act, 1963: Specific Relief and Preventive Relief.
  • Discuss briefly the kinds of injunctions
  • Explain Section 36 and 41 in detail
  • Differentiate between the ordinary and perpetual injunction
  • Discuss briefly Section 36 to Section 42

Limitation Act (LA) 

Here is the previous year's question along with an outline of the answers.

Question 1) Once time has begun to run, no subsequent liability stops it. Discuss [2019]

Outline 1)

  • Introduction - Continuous running of the time once the cause of action is around. Explain disability and inability as stated under Section 6 [Babua Ram v. State of U 2 SCC 689] (once the limitation begins to run, it runs its full course until its running is interdicted by an order of the Court)
  • Explain Section 9 with the exception that is provided under the Section itself. Explain [Shankar Lal v Shadi Ram, 1971 DLT 311]
  • Mention 2 or 3 illustrations of initial disability and subsequent disability
  • Conclusion

Question 2) Define 'Written Acknowledgment' and discuss its effect. [2019]

Outline 2) 

  • Introduction - The principle behind Section 18 and the extent of the same. Explain the term written acknowledgement
  • Explain Section 18 of the Act
  • Explain the following ingredients of Section 18
  • (a) Acknowledgment must be made before the expiration period
  • (b) Acknowledgment must be in writing
  • (c) Acknowledgment must be in relation to a particular property
  • Explain the Date of Acknowledgment in relation to Sub-Section (2)
  • Conclusion

Question 3) What are the circumstances under which a certain period of time is excluded while computing the period of limitation? Explain. [2019]

Outline 3)

  • Introduction - The computation of the limitation period and a brief description of exclusion of time under Sections 12 to 15. [India House v. Kishan N. Lalwani, (2003) 9 SCC 393] (Court to extend the benefit to a party where available)
  • Mention/Explain the following Sections -

(a) Section 12 - Exclusion of time in legal proceedings,

(b) Section 13 - Leave to Sue/appeal as a paper

(c) Section 14 Exclusion of time of proceeding bonafide in court without jurisdiction

(d) Section 15 - Exclusion of time in certain cases

  • Conclusion

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